Womans Divorce Forum

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Splitting the Home

A husband owned a home before meeting his wife and decided not to have a prenuptial agreement written up. Then during the 11 year marriage the wife spent some of her inheritance separate funds on paying for the property taxes, a few mortgages, and some repairs adding up to $50,000. Nine months prior to their separation the husband refinanced the home and was advised by the bank to add his wife’s separate investment account of $75,000 as joint funds by adding the husband onto the investment account. So the husband and wife did this and the husband added the wife to the new first mortgage and to the title of the home. However 9 months later they separated and divorced. Wife asked Husband 2 months after serving divorce papers to remove his name from her investment account and he was willing to do so knowing it was her separate property before they were married. Because the husband had put his wife on the loan and title to do the refinance the property became community property and she owns 50% of the equity growth/appreciation from the time her name was added to the loan/title. Their divorce has taken almost 3 years. The husband says it was never his intention to give his wife at the time a ownership percentage of his home especially if he knew they would be divorced 9 months later. The husband has proposed that what is fair and right would be to reimburse his ex wife any separate funds she put into the home with an additional 20% return. Ex Wife thinks she should receive the 50% equity growth (Estimated $140K) from time she was added to the loan until the home is sold or when they can settle.

What do you think is the fair solution?